HomeMy WebLinkAbout25 - Irrevocable Offers of Dedication & Letters of Credit - YESH Bozeman Partners, LLC & State of Montana DNRC - Wheat Drive & Mandeville Homesite Minor Sub. No. 320 Return Original to:
City of Bozeman
City Clerk 2846472
PO Box 1230 Page 1 of 6 03/14/2025 12:26:50 PM Fee misc
00
Bozeman,MT 59771-1230 Eric Semerad - Gallatin County, MT
I IIIIIII IIIIII III 1111111111111111111111111111111111111111111111111111111� IN
Irrevocable Offer of Dedication of Public
Infrastructure Improvements
This Irrevocable Offer to Dedicate ("Offer") is made this Iyik'day of RarGy 2025,
by YESH Bozeman Partners,LLC("North Park")5157 US Highway 89 South, Livingston,MT 59047
and consented to by the State of Montana, Department of Natural Resources and Conservation
("DNRC") 1539 111h Avenue, PO Box 201601, Helena, MT 59620-1601.
WHEREAS, The State of Montana Department of Natural Resources and Conservation ("DNRC") is
the legal owner in fee simple interest of certain real property located in the County of Gallatin, State
of Montana, and described as
A TRACT OF LAND, BEING A PORTION OF AREA 3, CERTIFICATE OF SURVEY NUMBER
3019, GALLATIN COUNTY, MONTANA, RECORDS, LOCATED IN THE SOUTHWEST
QUARTER AND THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,
RANGE 5 EAST, P.M., M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 MANDEVILLE HOMESITE MINOR
SUBDIVISION NO. 320, A FOUND REBAR AND CAP, FROM WHICH THE SOUTH
QUARTER CORNER OF SECTION 36, BEARS S.47°31'46"E. A DISTANCE OF 96.83 FEET;
THENCE, ALONG THE EAST LINE OF THE AFORESAID SUBDIVISION,N.0°16'37"E.A
DISTANCE OF 431.16 FEET TO THE NORTHEAST CORNER OF THE AFORESAID
SUBDIVISION; THENCE, ALONG THE NORTH LINE OF A SEWER AND ACCESS
EASEMENT AS RECORDED IN DOCUMENT NUMBER 2131522, GALLATIN COUNTY,
MONTANA, RECORDS S.88°47'22"E. A DISTANCE OF 200.32 FEET, MORE OR LESS TO
THE WESTERLY RIGHT OF WAY LINE OF WHEAT DRIVE AS SHOWN ON CERTIFICATE
OF SURVEY NO. 3019 AND EASEMENT DOCUMENT 2683175, GALLATIN COUNTY,
MONTANA, RECORDS; THENCE,ALONG THE AFORESAID WESTERLY RIGHT OF WAY
LINE THE FOLLOWING THREE COURSES: S.14'19'16"E. A DISTANCE OF 70.94 FEET,
ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 255.00 FEET, WHOSE LONG
CHORD BEARS S.06051'13"E. 66.28 FEET THROUGH A CENTRAL ANGLE OF 14056'03",
FOR AN ARC LENGTH OF 66.46 FEET,AND S.0-36'45"W. 298.03 FEET, MORE OR LESS
TO A LINE 60 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SECTION 36;
THENCE,N.89054'3 I"W. A DISTANCE OF 150.97 FEET; THENCE,N.85°49'12" W. A
DISTANCE OF 73.86 FEET, MORE OR LESS TO THE POINT OF BEGINNING,
CONTAINING 2.22 ACRES OF LAND, MORE OR LESS,
, on file and of record in the office of the Clerk and Recorder of said County (hereinafter
referred to as the "Property"); and
WHEREAS, The City of Bozeman("City") acknowledges that DNRC has granted to the City
public utility easements, as described on Certificate of Survey No. 3019, recorded as document
2846472 Page 2 of 6 03/14/2025 12:26:50 PM
2683173 by the Gallatin County Clerk and Recorder. The recorded easements provide access to the
location of the public infrastructure improvements and do not dedicate or grant ownership of the
installed public infrastructure improvements; and
WHEREAS, North Park has entered into a commercial lease ("Lease") with DNRC on the
Property for a term of 30 years; and
WHEREAS, according to the lease terms, specifically term 7.2, North Park holds title to all
improvements on the Property during the lease term, subject to a reversionary interest held by DNRC;
and
WHEREAS,North Park applied to the City of Bozeman (the "City") for approval to undertake
development within the City, as defined in Chapter 38, Article 7 of the Bozeman Municipal Code
("BMC"); and
WHEREAS, approval of Application 23100 was granted on June 5,2024, by the City in
accordance with the provisions of Chapter 38, BMC, hereby incorporated by reference; and
WHEREAS, North Park wishes to meet the requirements of Chapter 38, BMC, to provide
public access and/or allow simultaneous construction of infrastructure and improvements and which
require dedication of public infrastructure improvements to the City pursuant to Section
38.270.030.A.1; and
WHEREAS, due to the reversionary interest in the Property owned by DNRC, DNRC must
also consent to this Offer; and
WHEREAS, the water and sewer public infrastructure improvements and street infrastructure
to be installed or constructed on or under the Property ("infrastructure"), and infrastructure and/or
interests therein are to be dedicated to the City, free and clear of all encumbrances, pursuant to said
final approval of planning application 23100; and,
WHEREAS, it is intended that this Offer is irrevocable and shall, upon written acceptance of
the public improvements by the City,transfer and dedicate ownership of the public improvements and
infrastructure to the City.
NOW THEREFORE, in consideration of the granting of, and conditioned upon, the final
approval for application no. 23100, North Park hereby offers to dedicate to the City the sewer and
water improvements and street infrastructure constructed or be constructed upon the real property as
specifically set forth, described and identified in the plans and specifications issued or prepared by
DJ&A, P.C. at 220 W Lamme St #113, Bozeman, MT Project 23100 dated June 5, 2024 (with
subsequent approved revisions), which are by this reference incorporated in this instrument. DNRC
hereby consents to this dedication.
1. Benefit and Burden. This Offer shall run with and burden the Property and all
obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and
restrictions running with the land and shall be,upon the issuance of the final approval reference herein,
be effective limitations on the use and access of the Property by North Park and DNRC and shall bind
the North Park, DNRC and all successors and assigns. This Offer shall benefit the City only so long
as said improvements and infrastructures for sewer and water exist on the Property.
2846472 Page 3 of 6 03/14/2025 12:26:50 PM
2. Construction and Validity. If any provision of this Offer is held to be invalid
or for any reason becomes unenforceable, no other provision shall be thereby affected or
impaired.
3. Successors and Assigns. The terms, covenants, conditions, exceptions,
obligations, and reservations contained in this Offer shall be binding upon and inure to the
benefit of the successors and assigns of North Park, DNRC and the City whether voluntary or
involuntary.
4. Limitations.The construction and other standards adopted or utilized by the City
regarding legal form, construction materials, warranty, and all other elements relating to
improvements or infrastructure constructed or be constructed pursuant to final approval shall be
fully applicable.
5. Term. Upon written acceptance of the public infrastructure improvements by the
City,this Offer and the terms, conditions, and restrictions hereof shall exist in perpetuity, shall
have the effect of a grant of ownership of the public infrastructure improvements by North Park
with the consent of DNRC to the City, subject to the conditions stated herein, and shall run with
the land and be binding on the parties,their heirs, assigns, and successors.
(remainder of page intentionally left blank)
2846472 Page 4 of 6 03/14/2025 12.26.50 PM
YESH Bozeman Partners, LLC
By: CA576Y 'TiR17ENS
(sign At (print)
Its M,0/'A<4� R—
STATE OF MONTANA )
):ss
County of"ritatin-A>,�rv- )
On this_k,-o day of�AQV Rk� , 209,E>, before me the undersigned, a Notary
Public for the State of Montana, personally appeared _, known to me
to be - of and the rson whose name is subscribed to
the within`*Instrument and acknowledged to me that he executed the within instrument for and on
behalf of `A VV1 \Q)CSL-11U
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
oEv 'HrN d 1, Y%ER
�P R�,( F9 NOTARY PUBLIC for the
SEAL State of Montana
Residing at Livingston,Montana
P2� My Commission Expires
µo� November 10,2026
otary Pub ' for the State of Montana
(Printed me)
Residing at k S
My Commission expi es k\ / Q_/20'(
2846472 Page 5 of 6 03/14/2025 12:26:50 PM
Consented to by:
The State of Montana Department of Natural Resources and Conservation, only as the fee
simple owner of the Property and holder of a reversionary interest in the infrastructure.
By: � � K,IvIr�Ea�l Z
(signature) (print)
Its I&Vtc QJ$iPA,f :B tcrIeu Lk 6-141 1-
STATE OF MONTANA }
):ss
County of atinCtwsAC61k)
On this —7"k day of Ai(ch . 20 2s> before me the undersigned, a Notary
Public for the State of Montana, personally appeared �cc�J�Jobet&gr- , known to me
to be RFAB boaaw Ut► of ONKC and the person whose name is subscribed to
the within instrument and acknowledged to me that-ltv7 executed the within instrument for and on
behalf of Skc,r pA Aoixkoa\p, S"-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
w C AWREW CLARY
< NOTARY PUBLIC for the
?° Stag otmorwrls
SEAL RaWkv at Helene,MT
(SEAL) �9 P�Q My Conission E)#w
OF Am 3,2028
No a lublic the State of Montana
1w1 1OLP f
(Printed Name
Residing at Lj,*jtAa M�
My Commission expires uhe / 3 /20 Z6
2846472 Page 6 of 6 03/1 4/2025 12:26:50 PM
ACCEPTED:
CITY OF BOZEMAN, MONTANA
Interim City Manager �`�: ••
ATTEST: V�+• •��'
City Clerk •' •. ��3
STATE OF MONTANA )
ss
County of Gallatin )
On this Ltlday of 20Zq before me, the undersigned, a Notary
Public for the State of Montana, personally appeared CHUCK WINN and MIKE MAAS,known to
me to be the Interim City Manager and City Clerk for the City of Bozeman, respectively, and the
persons whose names are subscribed to the within instrument, and acknowledged to me that they
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Se f;,•ctt
.� " "Af, JULIE HUNTER
°�Jv�HUNrc�9°-; ���JJ��t Public
NOTARrq�• :for th6t4&1bf Montana
Residing at:
o 'AL. Q Bozeman, Montana
.,9 P My commission Expires:
June 11,2025
Not ry P lic for the ate of Montana
(7 LA Al e
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: L)(V_ _/ II /2025